What the panel ordered
May 3, 2021 Findings and Orders affirmed except amended finding of injured body parts
Petition for Reconsideration granted for the sole purpose of amending the finding of injured body parts to conform to the parties' stipulation; otherwise WCJ decision affirmed
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Jurisdiction / venueDefendant prevailedleft shoulder · back · arm · neck · head · left ear · elbow · GERD · irritable bowel syndrome
CIGA did not meet its burden to establish joint and several liability or existence of other insurance; evidence was insufficient to prove BEST DELIVERY SERVICES, LLC was the special employer; applicant's testimony was credible but unclear and documentary evidence lacked foundation and probative force.
From the decision · page 1As to the merits of the case, we agree with the WCJ that California Insurance Guarantee Association (CIGA) did not meet its burden to establish joint and several liability pursuant to a general and special employment relationship or the existence of "other insurance" pursuant to Insurance Code section 1063.1(9). (Fireman's Fund Indem. Co. v. State Compensation Ins. Fund (Smith) (1949) 93 Cal.App.2d. 408 [14 Cal.Comp.Cases 180] [The consequence of finding the